Iowans who know Whitaker offer a range of reasons for his ambition, from a spirit of public service to a desire to burnish his own credentials by prosecuting his political opponents.

Now Whitaker's drive has landed him at the top of the U.S. Justice Department, at least temporarily. The day after the November election, President Donald Trump fired Attorney General Jeff Sessions and picked Whitaker, who had been Sessions' chief staff, to replace him on an interim basis.

"The guy’s a bit of a meteor," said Robert Rigg, a Drake Law School professor who got to know Whitaker in 2011 when each defended clients over a scandal involving Iowa’s now-defunct film tax credit program.

The Ankeny native, who went to law school in the early 1990s while playing for the Iowa Hawkeyes, jumped from an unsuccessful run for treasurer in 2002 to become Iowa's U.S. attorney after an appointment from President George W. Bush. When he left that role, Whitaker made a bid for the Iowa Supreme Court in 2011 and U.S. Senate in 2014.

Posted!

A link has been posted to your Facebook feed.

Buy Photo

Acting Attorney General Matt Whitaker speaks to Iowa county attorneys and local law enforcement on Wednesday, Nov. 14, 2018, at the U.S. Attorney's Office in Des Moines. Whitaker, an Iowa native, was appointed interim attorney general by President Trump to replace Jeff Sessions. Kelsey Kremer/The Register

Acting Attorney General Matt Whitaker speaks to Iowa county attorneys and local law enforcement on Wednesday, Nov. 14, 2018, at the U.S. Attorney's Office in Des Moines. Whitaker, an Iowa native, was appointed interim attorney general by President Trump to replace Jeff Sessions. Kelsey Kremer/The Register

Acting Attorney General Matt Whitaker speaks to Iowa county attorneys and local law enforcement on Wednesday, Nov. 14, 2018, at the U.S. Attorney's Office in Des Moines. Whitaker, an Iowa native, was appointed interim attorney general by President Trump to replace Jeff Sessions. Kelsey Kremer/The Register

Acting Attorney General Matt Whitaker speaks to Iowa county attorneys and local law enforcement on Wednesday, Nov. 14, 2018, at the U.S. Attorney's Office in Des Moines. Whitaker, an Iowa native, was appointed interim attorney general by President Trump to replace Jeff Sessions. Kelsey Kremer/The Register

Acting Attorney General Matt Whitaker speaks to Iowa county attorneys and local law enforcement on Wednesday, Nov. 14, 2018, at the U.S. Attorney's Office in Des Moines. Whitaker, an Iowa native, was appointed interim attorney general by President Trump to replace Jeff Sessions. Kelsey Kremer/The Register

Acting Attorney General Matt Whitaker speaks to Iowa county attorneys and local law enforcement on Wednesday, Nov. 14, 2018, at the U.S. Attorney's Office in Des Moines. Whitaker, an Iowa native, was appointed interim attorney general by President Trump to replace Jeff Sessions. Kelsey Kremer/The Register

Acting Attorney General Matt Whitaker speaks to Iowa county attorneys and local law enforcement on Wednesday, Nov. 14, 2018, at the U.S. Attorney's Office in Des Moines. Whitaker, an Iowa native, was appointed interim attorney general by President Trump to replace Jeff Sessions. Kelsey Kremer/The Register

Interested in this topic? You may also want to view these photo galleries:

Between 2014 and 2017, Whitaker was executive director of a conservative watchdog group, the Foundation for Accountability and Civic Trust, based in Washington, D.C.

In 2017, after emerging as a frequent critic of Special Counsel Robert Mueller's investigation, he became Sessions' chief aide. Trump, who has contradicted himself on whether he knows Whitaker, trusted the Iowa native enough to pick him to lead the nation's justice system and oversee the Mueller investigation, which has long bedeviled the president.

With the new appointment comes new scrutiny. His past business ventures, prosecutions, political positions and comments on Mueller’s investigation have all come under a national firestorm of criticism.

"He’s moved from a little pond — and I don’t mean that in a derogatory way — to the highest of the big leagues," said defense attorney Keith Uhl. "And everything you do becomes suspect."

A Justice Department spokesperson declined the Des Moines Register's request to interview Whitaker while he was in Iowa in November.

To Whitaker, the law — and politics — are ‘contact sports’

The hulking 49-year-old former football player with the shaven head can’t escape his association with the Hawkeye football team, where he played tight end as an undergraduate and a first-year law student. And he doesn’t seem to want to.

Matt Whitaker is pictured in this undated file photo provided by the University of Iowa. Whitaker played tight end at The University of Iowa from 1988-1992. On Wednesday, Nov. 7, 2018, Whitaker was named acting Attorney General after Attorney General Jeff Sessions resigned. University of Iowa Athletic Communications via USA TODAY

Matt Whitaker is pictured in this 1991 file photo provided by the University of Iowa. Whitaker played tight end for the Hawkeyes from 1988-1992. On Wednesday, Nov. 7, 2018, Whitaker was named acting Attorney General after Attorney General Jeff Sessions resigned. University of Iowa Athletic Communications via USA TODAY

From May 2014: Matt Whitaker, one of five candidates vying for the Republican nomination for U.S. Senate, talks with guests before The Robb Kelley Spring Dinner at the Downtown Marriott Hotel in Des Moines. Register file photo

From September 2009: Former Iowa Hawkeyes tight end Matt Whitaker (left), now a U.S. Attorney for the Southern District of Iowa, playfully tries to take the football away from former Iowa State quarterback John Quinn, who is the Director of the division of criminal investigations in Iowa. Register file photo

The headline from the December 1987 Des Moines Register reads: "Ankeny prep says he'll join the Hawkeyes." That's Ankeny High School multi-sport star Matt Whitaker, who chose to play football at the collegiate level at UI. Register file photo

From October 1992: Anthony Dean is congratulated by teammate Matt Whitaker (46) after Dean caught a pass from Iowa quarterback Jim Hartlieb for a 2-point conversation — the winning points — in the fourth quarter of the Hawkeyes' 23-22 victory against Wisconsin. Register file photo

From September 1992: This photo ran with a story in the Des Moines Register sports pages featuring Iowa Hawkeyes tight end Matt Whitaker, who was playing football while going to law school. Register file photo

From November 2013: Republican U.S. Senate candidate Matt Whitaker speaks to potential voters during an event at the Christian Union Church in Indianola. The event featured five candidates seeking the GOP nomination. Michael Rolands/Indianold Record-Herald

From September 2009: Former Iowa Hawkeyes tight end Matt Whitaker (left), now a U.S. Attorney for the southern district of Iowa, and former Iowa State quarterback John Quinn, now the Director of the division of criminal investigations in Iowa, pose for a photo in Whitaker's office. Register file photo

From September 2009: Former Iowa Hawkeyes tight end Matt Whitaker (left), now a U.S. Attorney for the southern district of Iowa, and former Iowa State quarterback John Quinn, now the Director of the division of criminal investigations in Iowa, pose for a photo in Whitaker's office. Register file photo

Acting Attorney General Matt Whitaker speaks to Iowa county attorneys and local law enforcement on Wednesday, Nov. 14, 2018, at the U.S. Attorney's Office in Des Moines. Whitaker, an Iowa native, was appointed interim attorney general by President Trump to replace Jeff Sessions. Kelsey Kremer/The Register

Acting Attorney General Matt Whitaker speaks to Iowa county attorneys and local law enforcement on Wednesday, Nov. 14, 2018, at the U.S. Attorney's Office in Des Moines. Whitaker, an Iowa native, was appointed interim attorney general by President Trump to replace Jeff Sessions. Kelsey Kremer/The Register

"He was a very hard worker and he was highly respected by his teammates and he would give his all," said Jerry Pezzetti, who coached Whitaker at Ankeny High School in the 1980s.

Whitaker's hard-driving attitude about football leached into the rest of his career.

"He considers law and politics full contact sports so when he quote unquote puts on the pads and goes into what he perceives as a game, he can be aggressive," Rigg said.

But contact sports can leave bruises.

Iowa Democrats are furious about an extortion case Whitaker’s office led against state Sen. Matt McCoy over a decade ago. The jury deliberated a short time before acquitting McCoy, a Democrat and the first openly gay member of the Iowa Legislature, on all counts in 2007. McCoy said he considers it a political prosecution and recently wrote a column in Politico calling the case a "witch hunt."

U.S. House Democrats have promised to investigate Whitaker’s involvement on the advisory board of a company, World Patent Marketing, that allegedly scammed customers out of millions of dollars by promising patents, failing to follow through and then threatening legal action against dissatisfied customers. The company was fined $26 million by the FTC in May.

The Miami New Times reported Whitaker sent an email to an angry customer in 2015 describing himself as a former U.S. attorney, accusing the customer of "an apparent attempt at possible blackmail or extortion" and threatening "serious criminal and civil consequences for you."

‘He’s a law and order prosecutor all the way’

As a prosecutor, and later as a defense attorney, he was known for his aggression.

In the U.S. attorney's office, he pushed for lengthy sentences in many cases, several attorneys said. That attitude was common among federal prosecutors in the George W. Bush administration.

"He's a law and order prosecutor all the way," said Keith Uhl, the defense attorney who also worked as a federal prosecutor in the 1970s.

Courtroom and political opponents agree.

"His priorities were in line with whatever the Department of Justice priorities were at the time," said attorney Montgomery Brown, who represented McCoy.

Interested in this topic? You may also want to view these photo galleries:

"At the time it was a heyday for mandatory minimums and enhanced offenses for prior convictions," Brown said. That changed during the Obama administration but has now reverted back, he said.

U.S. District Court Judge Robert Pratt said Whitaker's office appealed nine of the sentences he imposed, seeking a harsher punishment.

"His office was constantly appealing my sentences to the Court of Appeals," said Pratt, who was appointed by Bill Clinton. "He didn’t like my sentences because he thought I was too, I guess, lenient."

After leaving the U.S. attorney's office when President Barack Obama was elected, Whitaker made the switch from prosecution to defense, opening his own law firm.

He took on high-profile clients, including Bob Eschliman, a former Newton Daily News editor. Eschliman argued he was terminated because of his religious beliefs after he wrote a blog post accusing "the LGBTQXYZ crowd and the Gaystapo" of trying "to make their sinful nature right with God." The case was later settled.

CLOSE

From 2014: Bob Eschliman, a former Newton newspaper editor, says he was fired for expressing his religious views on gays. Matt Whitaker, named acting U.S. Attorney General in November 2018, helped represent Eschliman.
Register file video

Whitaker’s client in the film tax credit scandal, Wendy Runge, pleaded guilty to a felony fraudulent practices charge in the midst of her trial. She was sentenced to 10 years in prison.

Rigg said Whitaker takes arguments perhaps further than other attorneys would and "tends to take on the persona of his client."

"He’s a true believer. In other words if he buys into a particular philosophy or line of argument he takes it to the line," he said.

Not everyone believes Whitaker's advocacy is outside the norm.

CLOSE

Former Iowa Hawkeye tight end Matt Whitaker sits down for an interview.
The Register

"I would say he’s in line with what another good, well prepared attorney would do in that situation," said Fremont County Attorney Brenna Bird, a Republican who briefly worked at Whitaker's Iowa law firm and who has known him through political and legal circles.

Des Moines defense attorney Alfredo Parrish said he believes Whitaker often deferred to the assistant attorneys in his office rather than making complex decisions himself. He said Whitaker had "good, solid lawyers" working for him in the U.S. attorney's office.

"I want to emphasize that he’s very personable, I always got along with him. He always treated me with great respect," Parrish said.

Rigg said Whitaker competes hard, but can turn around and befriend his former competitors. When he lost his senate race to Joni Ernst, Whitaker had no problem campaigning for the future senator, he said.

"He’s the kind of person that you’d want to have as your neighbor and that you’d want to talk to sitting on the bench at your kid’s football game. He’s a very real person," Bird said.

Narrow thinker or level-headed lawyer?

Whitaker's conservative politics were well-known long before his appointment to become the nation's top attorney.

But the legal community has looked askance at the nation's chief law enforcement officer questioning Marbury v. Madison, a foundational case of U.S. law that established the principle of judicial review.

Posted!

A link has been posted to your Facebook feed.

Two people hold an American flag upside down to signal distress during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

A man holds a sign reading "Trump is not above the law." during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

A sign reads, "We won't give up! We won't give in! Protect Mueller." during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

Jane Langdon, of Temecula, Calif. puts the finishing touches on her sign that reads, "Hawkeys shouldn't be Trump poodles," during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Langdon was in Iowa City visiting a family member and decided to join the protest against the former Iowa Hawkeyes football player, now acting AG. Joseph Cress/Iowa City Press-Citizen

Sara Miller speaks to community members during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

Sara Miller speaks to community members during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

Community members gather during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

Community members gather during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

Community members gather during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

Community members gather during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

A sign reading "Law and Order USA?" is seen during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

Two people hold an American flag upside down to signal distress during a protest over the appointment of Matt Whitaker as acting U.S. Attorney General on Thursday, Nov. 8, 2018, on east side of the Pentacrest in Iowa City. Joseph Cress/Iowa City Press-Citizen

Interested in this topic? You may also want to view these photo galleries:

"It seems to me that it would be hard to find someone less qualified to be the attorney general, acting or not, of the United States of America," said Roxanne Conlin, who was U.S. attorney under President Jimmy Carter and later ran unsuccessfully for governor and the U.S. Senate.

Bird said the country needs someone with Whitaker's "level head, respect for the law, analytical ability and integrity."

If she could talk to him now, she said "I would tell him Matt, keep on being what you are because you’re exactly what America needs right now."

‘I never saw the man do anything unethical’

As he moves from being an outspoken critic of the Mueller investigation to overseeing it, attorneys said Whitaker should look closely at the relevant ethics rules.

"That’s one of the golden rules of being a good lawyer. You don’t comment on evidence you haven’t seen or you haven’t reviewed," he said.

Uhl said when Whitaker was in Iowa, "I never saw the man do anything unethical."

In a 2011 interview for a seat on the Iowa Supreme Court, Whitaker was asked to describe a time when he was challenged by, "a difference between your personally held beliefs and what your duties were as an officer of the court or an officer of the country."

Whitaker, who has described himself as "100 percent pro-life," said he dealt with a case as U.S. attorney where a man drove his car into a family planning clinic in southeast Iowa. He said his office concluded that the federal Freedom of Access to Clinic Entrances Act applied to the case.

"It is valid federal law and I was happy to enforce that law against that individual that had violated the act," he said. "So that’s one clear example where my personal beliefs may be inconsistent but I had no problem following the law and enforcing the law."

Bird said it's unreasonable for critics of Trump to want the president to appoint an attorney general who is hostile to him. She said she doesn't doubt Whitaker will act ethically.

"I’ve always known Matt to be very careful in following the law and to do the right thing even if it’s not popular," Bird said. "I think his critics right now would criticize anyone in that position."

Read or Share this story: https://www.desmoinesregister.com/story/news/crime-and-courts/2018/11/17/matt-whitaker-comments-new-attorney-general-acting-iowa-lawyer-donald-trump-hawkeyes-jeff-sessions/2004188002/